Nebraska Revised Statute 42-364.16

Chapter 42 Section 364.16

42-364.16.

Child support guidelines; establishment; use.

The Supreme Court shall provide by court rule, as a rebuttable presumption, guidelines for the establishment of all child support obligations. Child support shall be established in accordance with such guidelines, which guidelines are presumed to be in the best interests of the child, unless the court finds that one or both parties have produced sufficient evidence to rebut the presumption that the application of the guidelines will result in a fair and equitable child support order.

Source

  • Laws 1985, Second Spec. Sess., LB 7, § 18;
  • Laws 1994, LB 1224, § 46.

Cross References

  • Review of and recommendations for child support guidelines by the Child Support Advisory Commission, see section 43-3342.05.

Annotations

  • All orders for child support shall be established in accordance with the provisions of the Nebraska Child Support Guidelines unless the court finds that one or both parties have produced sufficient evidence to rebut the presumption that the application of the guidelines will result in a fair and equitable child support order. Dueling v. Dueling, 257 Neb. 862, 601 N.W.2d 516 (1999).

  • Generally, child support payments should be set according to the Nebraska Child Support Guidelines. Bondi v. Bondi, 255 Neb. 319, 586 N.W.2d 145 (1998).

  • Trial court did not abuse its discretion in considering expenses incurred by a person in raising offspring from a subsequent marriage in calculating that person's child support obligation to a former spouse. Czaplewski v. Czaplewski, 240 Neb. 629, 483 N.W.2d 751 (1992).

  • The court may deviate from the Nebraska Child Support Guidelines whenever application of the guidelines in an individual case would be unjust or inappropriate. Knippelmier v. Knippelmier, 238 Neb. 428, 470 N.W.2d 798 (1991).

  • The child support guidelines set out a rebuttable presumption of a fair and equitable child support order. Stuczynski v. Stuczynski, 238 Neb. 368, 471 N.W.2d 122 (1991).

  • The Nebraska Supreme Court's child support guidelines apply to any child support matter adjudicated from and after October 1, 1987. Formanack v. Formanack, 234 Neb. 325, 451 N.W.2d 250 (1990).

  • Child support payments should be set according to the Nebraska Child Support Guidelines established pursuant to this section, unless sufficient evidence rebuts the presumption that applying the guidelines will result in a fair and equitable child support order. Pool v. Pool, 9 Neb. App. 453, 613 N.W.2d 819 (2000).

  • The Nebraska Child Support Guidelines apply in juvenile cases where child support is ordered. In re Interest of Tamika S. et al., 3 Neb. App. 624, 529 N.W.2d 147 (1995).

  • In general, child support payments should be set according to the guidelines, but the trial court may deviate from the guidelines in an individual case if application of the guidelines would be unjust or inappropriate. McCall v. McCall, 1 Neb. App. 373, 496 N.W.2d 8 (1992).

  • The Nebraska Child Support Guidelines constitute a material change of circumstances sufficient to justify consideration of proposed modification of child support orders entered before October 1, 1987, and may in some cases be retroactively applied to the date of the original ruling on the modification. State ex rel. Crook v. Mendoza, 1 Neb. App. 180, 491 N.W.2d 62 (1992).